Florida District Courts of Appeal, 1998

Quintanal v. State

Quintanal v. State
Florida District Courts of Appeal · Decided November 4, 1998 · Gersten, Nesbitt, Shevin
719 So. 2d 1030; 1998 Fla. App. LEXIS 13911; 1998 WL 771267 (Southern Reporter, Second Series)

Quintanal v. State

Opinion of the Court

SHEVIN, Judge.

We affirm defendant’s conviction. See State v. Law, 559 So.2d 187 (Fla. 1989); Hampton v. State, 549 So.2d 1059 (Fla. 4th DCA 1989). However, we reverse the order denying defendant’s motion for credit for time served in a mental institution. Because a defendant’s “preconviction detention in a mental institution for incompetence to stand trial ... constitute^] a coercive deprivation of liberty[,]” Tal-Mason v. State, 515 So.2d 738, 740 (Fla. 1987), the trial court must award jail-time credit for such detention. Id. Accordingly, defendant is entitled to jail-time credit for the time he was institutionalized. The cause is remanded to the court to recalculate defendant’s jail-time credit.

Conviction affirmed; order on jail-time credit reversed; and cause remanded for proceedings consistent with this opinion.

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